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TMI Blog2020 (9) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 4 (1) of the Act provides that no suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property. The Supreme Court, in the matter of Om Prakash v. Jai Prakash [ 1992 (1) TMI 359 - SUPREME COURT] has h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - Second Appeal No. 351 of 2008 - - - Dated:- 4-2-2020 - Hon'ble Shri Justice Sanjay K. Agrawal For the Appellant : Mr. A. K. Prasad , Advocate For the State : Mr. Sanjeev Kumar Agrawal , Panel Lawyer ORDER 1. Heard on admission and formulation of substantial question of law in this second appeal preferred by the appellant/plaintiff under Section 100 of the CPC against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... antial question of law in this regard. 3.Plaintiff brought a suit for declaration of title stating that the suit property bearing Khasra No. 1154/19 admeasuring 0.037 hectare was purchased by his father namely Manharanlal on 08/05/1981 in the name of plaintiff's uncle defendant No. 1 namely Bankelal by making payment of the sale consideration amount to the seller Ameena Bai. It is also the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or declaration of title. 6. The Benami Transaction (Prohibition) Act, 1988 came into force w.e.f. 05/09/1988. Section 4 of the Act provides for prohibition of the right to recover property held benami. Section 4 (1) of the Act provides that no suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any ot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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